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WA Appeal Family Law Matter?

Discussion in 'Family Law Forum' started by Jargaa, 3 November 2015.

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  1. Jargaa

    Jargaa Member

    29 October 2015
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    Hi, my daughter was removed by the Department of Child Protection WA and I appealed against the decision of the children's court of WA who dismissed my application for return of my daughter, and an increase in contact to supreme court of WA.

    The Supreme court of WA ruled in my favour.

    So my question is, can I sue them separately for the damages under Family Law?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    You can try, but I think your chances of success are minuscule. I assume you'd be aiming for an action in the tort of negligence, in which case you would need to show that DCPWA owed you a duty of care, that there was a breach of that duty, that you suffered injury or loss, and that the injury or loss was caused by the breach. I can't think of any case whereby a parent has been successful in proving those elements against a child protective service, but I might be wrong.

    I think you'd have a better chance of recovering legal costs for the appeal.

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